This week a new legal landmark occurred in the arena of texting and driving.  In Massachusetts, a 18 year old teenager was convicted of motor vehicle homicide.  The conviction results from a head-on automobile accident caused by the teenager texting while driving and allowing his car to veer into the on-coming traffic.  The teenager, Aaron Deveau, killed Donald Bowley, a 55 year old father of three.  Deveau argued that he was not texting, but the phone records show text messages were sent and received only a minute prior to the accident.  There were 193 texts sent on the day of the accident.

Texting while driving is a crime in California as it is in many other states.  This means that it is a crime to text anytime the car is in drive, whether you are moving or not.  If a person has been involved in an accident, and it is suspected that texting or cell phone use was a possible distraction which contributed to the accident, get the responsible driver’s cell phone records and compare them with the time of the accident.  A lawsuit and a personal injury attorney may be necessary to subpoena those records.  That information, if it shows texting or talking was on-going at the time of the accident, will help establish liability for the accident.

Smartphones can as be extremely helpful during an accident.  Watch our video on to collect and gather information at an accident scene.  Be safe out there and don’t drive and text. 

David Ricks
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Rancho Cucamonga Car Accident Attorney and Personal Injury Lawyer serving the California Inland Empire
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